Re: National Arbitration Forum

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On 8/30/06, It stops being profitable if everyone fights. wrote:
> It depends what you want to accomplish.
>
> First step, you need to talk to an attorney who understands your states exemption
> laws. You need to protect whats left from levy. In CA you could have stopped the
> raid on your account up to a certain amount. Your state might have a similar
> exemption right.
>
> Second, if you are unemployed perfect time to file BK. Is this your only debt?
Or
> is it just part of a bigger problem.
>
> Third, you need to go cash and carry for everything you can. Bank accounts are
just
> easy targets.
>
> As for the Arbitration awards. The contract probably gives them the right to take
> it to arbitration, but I'm not sure how that allows them to get a judgment without
> notice. Usually they have to take the arbitration award to a court and get it
> converted to a judgment. And you should have gotten notice of that action. I doubt
> you could have stopped it, but if you didn't get notice, then there might be way
to
> use that as the leverage..
>
>
> On 8/30/06, Skydance wrote:
>> On 8/22/06, Freaking wrote:
>>> Is this below posted by someone from the forum? Because it reads that way.
>>>
>>> Does anyone know once the arbitration is filed, am I still allowed to request
>>> the debt to be verified? I have been looking for a lawyer in NY who will take
>>> this on without it costing me a fortune - the collector in question is Wolpoff
>>> for MBNA (if legit) and they are known for bending the law - so if anyone
>>> knows one, can they post a referral please?
>>>
>>>
>>>> On 8/15/06, DebtorJoe wrote:
>>>>> The National Arb Forum decisions are binding -- they are authorized to
>>>>> handle debt cases in your original cardholder terms and conditions.
>>>>> Although the NAF is not a court, they can convert an arbitration award
>>>>> into a legal judgment and then pursue wage garnishments, etc. Definitely
>>>>> do not ignore the NAF -- I learned this the hard way.
>>>
>> I just read all the posts and wanted to respond since I just came from the
>> courthouse with a copy of my court file in hand. MBNA is just plain
>> unbelievable! Like the other post earlier, I had agreed to a payment plan with
>> MBNA for $175 a month. I paid it for over a year and bam! they wanted $1400 a
>> month - no compromise. Then NCO got ahold of it (another favorite that has also
>> had complaints brought against them under the FTC). I received a notice in Feb.
>> 2006 that a judgment had been levied against me. The only notice I had ever
>> received was dated 10/05 stating that the NAF had awarded $20,572 in NCO's favor
>> (the original debt was $10,300). I had no idea that a judgment was going to be
>> filed 6 months down the road without any kind of service for me to go to court.
>> Of course, I'm trying to find an attorney that will even talk to me about it.
>> None of them seem to want to mess with it. I have no idea if I have any rights
>> whatsoever in this case. Since I never received any paperwork from NAF, it
>> doesn't seem right to me. Don't they have to send their paperwork certified mail
>> or something proving you received it? Oh and by the way, they did get into my
>> bank accounts and took every penny and then I had to pay $600 in bounced check
>> fees. They even drew out of my line of credit. I've been unemployed since 1/06
>> so needless to say, they got me when I could least afford it.
>> If anyone has information I could use, let me know. I'm not sure if I should try
>> to get an attorney to fight this or if it's futile.